Overtime and compensatory time off instead of overtime

lindacorrigan · February 2003

Does the FLSA allow for compensatory time off at one and a half times the regular time rate instead of giving overtime pay? If so, is this permissible in all states? We have employees in Oregon (home office), Michigan, North Carolina, Texas, Ohio, and Maryland.

Thanks,

Linda Corrigan

sandra_d · February 2003

It is my understanding that comp time is only offered/available (legally) for public employees -- primarily as a way to save the cost of overtime wages, which are tax-payer money. Private employers are not eligible to ask/demand/offer comp time. Even when employees ask for it - legally - the answer is "no-can-do".

Parabeagle · February 2003

I am also in Oregon. Private employers cannot offer comp time. In Oregon, your only option if you want to avoid paying OT is to give the employee an equal number of hours off as that worked overtime during the same workweek.

Overtime and compensatory time off instead of overtime

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